your world in 90 seconds. >> after he has felt the full frce of our justice system, what will be remembered are the good people who were impacted by this tragedy. >> colorado mourns as investigators search for answers. >> the suspect is set to make his first court appearance in the morning. >> the bobby-trapped apartment of the accused mass murderer was, quote, designed to kill. >> i beat you. i made it. you didn't take my life. he didn't take my friend's life. >> football will never again be placed ahead of educating, nurturing, and protecting young people. >> the ncaa drops the hammer on penn state. >> historically unprecedented actions warranted by the conspiracy of silence maintained at the highest levels of the university. >> penn state can focus on the work of rebuilding its athletic culture, not worrying about whether or not it's going to a bowl game. >> yesterday a campus statue of

joe paterno was taken down. >> if you're going to take down the statue, take down the stadium. >> 89 people have been killed in a string of bombings across iraq this morning with more than 100 others injured. >> from the south of texas, at least 11 people have died after their truck slammed into two large trees. >> protesters storm anaheim police headquarters demanding answers after a deadly officer-involved shooting. >> oh, look who decided to hit the mall for a little shopping. a baby bear wandered into a sears store. >> all that matters. >> use that vice president to raise money and take on the president. >> has he hold you who it's going to be? >> no, he hasn't. but i expect a call later today. >> ernie ells is a major champion again. >> i think i'm going to blow that thing off. ♪

>> welcome to cbs this morning. we begin with the latest on the largest mass shooting in american history. alleged gunman james eagan holmes is due in court this morning. >> jeff is at the scene of the shooting in aurora, colorado. good morning to you, jeff. >> reporter: good morning to you and our viewers across the west. we watched a vigil last night, an extraordinary outpouring of support here in aurora. this as the president reminded the nation about the resolve of the human spirit. >> even in the darkest of days, you know, life continues, and people are strong and people bounce back and people are resilient. >> reporter: the president arrived here sunday afternoon, first meeting privately with families of those who died and those injured. and he shared a heroing tale of heroism. stephanie davies and ally young were there when the gunman threw a gas canister inside the theater. ally immediately stood up. >> she was shot in the neck and

a punctured vein and immediately she started spurting blood. stephanie, 21 years old, had the presence of mind to drop down on the ground with her, pull her out of the aisle, place her fingers over where ally had been wounded, and apply pressure the entire time while the gunman was still shooting. >> reporter: davies called 911 and stayed with ally until police arrived. >> and because of stephanie's timely action as, she is going to be fine. >> reporter: last night, light vigil paying tribute to l- those who were not so fortunate. the gunman, 24-year-old james eagan holmes, makes his first court appearance today as authorities search for why. what prompted the largest mass shooting in modern american history? 12 dead, 58 hurt.

new details have emerged about how much worse the shooting might have been. holmes entered the theater with three guns, including a semiautomatic assault rifle with an extended magazine. when that gun jammed, he was forced to use a pistol, potentially saving lives. there are also reports holmes may have gotten away that morning if not for observant s.w.a.t. officer who noticed something off about his tactical gear. >> it was one particular piece of equipment he had on him that was out of place. i am so proud of my officers that they spotted that right away and challenged him. >> reporter: that piece of equipment was a non-regulation gas mask. holmes was arrested. on "face the nation," the aurora police chief said there was no mistaking his intent. >> we're building a case to show this was a deliberative process by a very intelligent man who wanted to do this. >> reporter: evidence, including computers, has been taken from the apartment of james holmes. that is now being analyzed by the fbi.

that court appearance is scheduled for this morning. >> jeff, thanks. prosecutors say this morning the alleged shooter can face the death penalty. jim axelrod is outside the jail in centennial, colorado. >> reporter: good morning. right now james holmes is in the arapahoe county jail directly behind me, but he's scheduled to be moved shortly through a tunnel and into the courthouse where he will appear in front of a judge for the first time. at the lutheran church in san diego where james holmes' family worships, congregation members wrote prayer sunday for both the holmes' family and the shooting victims in colorado. the pastor has known james holmes for ten years. >> just so absurd and so out of character from my understanding of this young man and the way he lived his life. he had some goals. >> reporter: the 24-year-old seemed to have few connections with people. this woman lives in the apartment building next to where

holmes lived the last 14 months. >> we see everybody's faces. >> but you never saw his face? >> never once saw his face. and i lived here about eight months. never once seen his face. >> reporter: holmes didn't leave much of a footprint online. no facebook or twitter account. no manifesto or warnings of what was coming. a resume on monster.com suggests high intellectual functioning. he was a camp counselor providing a positive role model for kids, according to his resume. but another online posting paints a much different picture. that's him with dyed red hair on the adult friend finder a few weeks before the massacre saying he's looking for a casual sex gal and asking, will you visit me in prison? the owner of a private gun range says he received an application from holmes last month asking to join. the range owner called the

number on the application, no answer. but says he heard a freakish voicemail greeting with a really weird voice. charlie, norah. >> jim, thank you. john miller has been covering this story since early friday. good morning. >> good morning, charlie. >> how did he prepare, the suspect, and how prepared was he? >> he prepared very meticulously and was planning this much longer than any of us thought. if you look at the online orders and purchases, they go back four months. we see an acceleration of that at the end of may, beginning of june with the actual weapons being ordered and the tactical gear. we're talking about an expandture on his part of $14,000, $11,000 of which he's paid off. so without a huge source of money, one question is where did he get that? >> what do we know about the

arrest, per se? >> well, he ends up having his gun jam. he transitions out of the a.r. 15 to the glock handgun. when he exhausts that, he walks out of the theater. police and s.w.a.t. are arriving at different entrances. he looks like a tactical officer. he's wearing more body armor than some of them. that's when the officer notices his mask is not regulation. why would he be lingering there? he was probably headed to his car, but his car is a hyundai hatch back. i think if he'd gotten into that car, it would have been obvious to those officer it he wasn't a cop. he seemed to be hanging there. they challenged him and realized he wasn't a police officer. >> when we were sitting here friday morning, you and bob orr were the first to recognize there were buckets of ammunition inside the apartment 37 how was he able to buy hundreds of pounds of ammunition and have

them fed exed or delivered by ups? are there officials have that's are now asking questions about whether that should set off some alarm bells? >> you know, that's very interesting. law enforcement officials are very deliberate of staying out of politics. but there are a couple of organizations, international association of chiefs of police, the major city chiefs, where this issue will get pushed up, and it'll be very interesting to see where they go with it because the beginning of your question, the how is because in most states anybody can do that. it's legal. >> what do they expect to find on the laptop or hard drive? >> well, that's a careful process. they've got that computer. first they're going to mirror the hard drive and separate it from the computer. that's for a couple reasons. number one, you don't want anybody later at trial saying they tampered with the computer. they'll make a copy. then they'll go through a forensic process. one of the things about today

is, as opposed to a couple years ago, a lot of our stuff doesn't live in our laptop. it lives up in the clouds. they're going to have to go and get subpoenas and search warrants and court orders for all those internet providers. >> and then this apartment booby-trapped. how were investigators and officials able to blow up some of those bombs in there? >> this was a very interesting device. first there's the trip wire that sets off a mixture that causes fission. then there are a series of redundant traps beyond that if they managed to defeat it. they kept this stuff to the range, kept samples for evidence, and cranked the rest of it off. you can see the results there. >> john, thank you so much. the case against john holmes will unfold over months, but today is the first day of legal proceedings. >> earlier, we spoke to david caplin at the court house.

so what happens from your office of the public defender today? >> well, from the office of the public defenders, they'll make their first appearance in court along with mr. holmes. mr. holmes will be advised of what he is in custody for and what they're investigating and the charges most likely to be brought. >> and the district attorney, i understand, is carol chambers. she's pretty tough, i understand. two of the three people already on death row in colorado have been put there in part by her. >> she is the elected district attorney. i don't know whether she's going to be the one assigned to actually prosecutor the case, but the decisions to be made about what should happen, what charges will be filed and what punishment they will pursue will be made by her, at least in the short run. of course, she is term limited and come november there will be a new elected d.a. in arapahoe county that will be the individual that will then make the decisions on how to proceed. >> do you expect her to seek the death penalty? >> well, i'm sure it's going to be a very serious consideration,

but district attorneys, those are one of the most important decisions they do make. i think along with many other of the elected d.a. s, they have t have a sober look at the case and the circumstances of this particular individual and decide whether that is a punishment they want to pursue. >> think mental health will be an issue, you would assume? >> absolutely mental health. i think when you have a case like this, you have to assume it's an anomaly. this does not happen on a regular basis, even though unfortunately it is in the news all too often. but when something like this happens, you have to presume there's something that is seriously wrong with the individual and have to analyze that and determine what should happen and what should pursued. >> it has been said he's not talking, but has he talked to the public defender? >> i would assume so. i mean, i've not been privy to those particular conversations, but i know the public defender system, they are among the best

public defenders in the country. the system is touted as one of the best in the country. they will be very focused on his defense. i assume will have spoken to him by now. >> david, thank you so much for joining us this morning. >> my pleasure. >> in our next half hour, coverage of the tragedy in aurora counties when we hear from the 13-year-old babysitter who tried to save the youngest person from dying in the shooting. this morning, penn state university learned the severe punishment it will receive in the wake of the school's sexual abuse scandal. >> ar man keteyian has the story from pennsylvania. good morning. >> reporter: good morning. in what is described as a historically unprecedented press conference where phrases like conspiracy of silence and reckless and callous disregard for children were used, ncaa president said he would impose a series of sanctions approved by college presidents and chancellors to reflect the magnitude of these terrible acts and to help penn state rebuild a

culture that went horribly awry. here's what the sanctions are going to look like. a $60 million fine to penn state university, one year's gross football revenues. that money to be used to set up an endowment to support child sex abuse programs across the country. a ban from bowl games for four years, post-season. a reduction of football scholarships from 25 a year to 15 a year over four years. a total of 40, a devastating hit to an elite football program. and perhaps the most stunning and telling decision by the ncaa, the decision to vacate all a of penn state's football wins under joe paterno from 1998, the seeds of the scandal, through 2011. that's 112 football victories overall. from 409 wins where paterno was the all-time leading winningest

football coach in major college football now to 297. let's listen a little bit more as to what mark had to say. >> all involved in intercollegiate athletics must be watchful that programs and individuals do not overwhelm the values of higher education. in the penn state case, the results were perverse and uncon chenable. no price the ncaa can levy will repair the inflicted by jerry sandusky on his victims. however, it will not be tolerated in collegiate athletics. >> reporter: as far as not being tolerated, the statue of joe paterno, the memorial right behind me here, has been completely removed. the paterno statue is gone. all the other surrounding football players around him as

statues are gone. there are no more words. there are no more plaques. there's nothing but memories here. this was a historic event today, charlie, by the ncaa. a very powerful statement sent not only by the president, but by their board of directors across the board. >> and i understand that penn state has consented to this so there's no appeal. therefore, the question becomes, is it, in fact, a death penalty for penn state football? >> reporter: well, mark said they talked about imposing the so-called death penalty, suspending the program for a year, shutting it down for a year or more. they actually believe these series of sanctions, the overall impact, the cumulative effect, would be greater than the overall death penalty. what he said also was they want to change the culture here. football was dominant. they want to keep the program in place. they've actually brought in what will be an outside sort of counselor to keep in charge and watch over the program over the next five years.

so it's -- i think it was a calculated decision to keep the program in place, but to try to change the culture. >> and $60 million fine, which is about the revenue for one year. how will that money be used to help sandusky's victims? >> reporter: well, we're not sure yet whether the money will find its way to the victims here specifically in state college. they have filed civil lawsuits, many of them. what i think they're trying to do here is send a national message that penn state will be responsible and become a leader in sort of helping educate sex abuse victims across the country and to help them. i think the other big question here, and you may be getting to it, is what happens to the players? the players will be allowed to transfer without any kind of punitive action. they will be allowed to keep their scholarships as they move that's the good news out of a very dark day for penn state. >> thank you so much. ncaa president will be with us

here tomorrow in studio 57 to talk about the unprecedented sanctions against penn state university and its football program. time now to show you some of this morning's headlines from around the globe. the arab league has offered president assad and his family a safe exit if he steps down. assad shows no sign of relin wishing power. they also promised $100 million to syrian refugees fleeing the war. san antonio reports 11 people were killed and 12 others injured in a pickup truck crash. the truck veered off the road and hit a pair of trees about 100 miles southeast of san antonio last night. some of the victims were children. "the washington post" reports poreport reports poverty in the u.s. on track to reach a 46-year high. a survey says the poverty rate will rise from 15 a.1% in 2010 to has high as 15.7% putting poverty at the highest level in

america since 165. and it's a big day for facebook. the "new york times" reports the social media company will release its first earning numbers since going public. they closed friday almost $10 below their initial price this national weather report

sponsored by subway restaurants. subway, build your better breakfast. a young survivo a young sur vooir of the colorado movie theater shooting speaks out about that terrifying day. >> i wanted just to be a nightmare, just a dream. i don't want this to be real. >> she'll tell us how she tried in vain to save the youngest victim. and we go behind the scenes of the $700 billion baj bailout with the former watchdog.

we learn about controversial book on a how main street america got left behind on cbs this morning. ♪ abracadabra. hershey's milk chocolate with almonds in pieces.

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>> good morning. san jose police are investigating to deaths this morning, the bodies of a man and woman were found in a home near seventh and washington streets and they're still searching for the gunman. president obama flies out of san francisco for a quick campaign trip to reno. he will be coming back to oakland this afternoon for a private and public appearance. his likely republican challenger also came to the bay area yesterday. mitt romney attended to fund- raisers in san francisco and one in woodside.

we will get a check of your traffic and the weather is coming up

>> let's start off with a live look at the bay bridge toll plaza. metering lights remain on, a little bit slow to the parking lot of this point. a couple of accidents, the first one is westbound 237 and great america parkway. 12 minutes westbound 237 between 8008101. >> it will not be a bad day across the bay area, sunny skies by later this afternoon. temperatures on the mild side. we will warm up to the '70s around the bay and we will see a few low 90s especially in the inland spots.

cooling trend over the course of the week. ,,,,,,,,

i probably will try to go back to the same movie theater and that auditorium again and just face the fears, get my owe mei emotions back together and sape i beat you, you didn't take my life. he didn't take my friend's life either. i pray and feel so sorry for the other families an the other men and women that didn't make it. i just can't imagine someone's life being taken away like that. >> what an incredible resilience. that was one of the victims wounded in the colorado movie theater shooting.

welcome back to "cbs this morning." >> as the gunman opened fire in a darkened colorado theater, one brave young girl took action trying save the life of a victim. john blackstone has the story of heroism. >> at a vigil in aurora, friends and family remember the youngest person killed in the theater shooting, 6-year-old veronica moser-sullivan. >> very hard being a new mom knowing that -- she's an an he will in he heaven now. >> veronica's mother ashley is still in the hospital with wounds to her neck and abdomen. another member of this distraught family is 13-year-old kaylan who had been baby-sitting veronica that day and then went to the movie with veronica, her mother and two others. >> i want it just to be a nightmare, just a dream. i don't want this to be real. >> she went to a simple movie with five people and three of

them got shot. >> kaylan's mother heather asked us not to use their last name. they agreed to share the story but did not want to betray family privacy by speaking of those wounded. >> to kaylan those are ones we really need to pray for right now. >> under slightly different circumstances, they never would have been in the theater. >> we were going to see it in imax. but they were all sold out. >> another showing was sold out, too, so they ended up in theater 9 and so did the gunman. >> people started screaming. even when i knew i kind of had an idea what was happening, i couldn't process it. it was happening way too fast. >> when the shooting stopped, kaylan called 9-1-1 and tried to give veronica cpr: veronica's mother was badly wounded, couldn't move. >> i just was begging the person just, please, try, please because we have to get out of

here. >> as you heard the story of what your 13-year-old daughter had done -- >> the fact that any other kid in the theater went through this is upsetting. >> kaylan kept struggling until the police arrived. >> it's a horrifying picturing in my head what i saw that night. >> are you going to be able to go to the movies again? >> no. i have already made my decision that i do not want to go to another movie theater again in my life. >> so right now, even the smell of popcorn is hard to take? >> it's not even just the smell. it's just seeing popcorn. because when i was there, the

first thing i ate was popcorn. and there was popcorn -- i put it down on the floor and like ten minutes after that, that's when it all happened. >> veronica's mother ashley remains in the hospital paralyzed from the legs down and has been told of her young daughter's death. >> i feel like, with everybody who has been injured that i was with, i feel like i should be strong for them. if they break down, i want to be strong and help them through their breakdown that they have at the time. other people have it much worse than i do. and other people are going thu a lot worse than i am. >> are you still hoping that maybe you'll wake up and this is all a dream, a nightmare? >> well, i thought that at first. but it's kind of, you know -- i'm realizing that this is real.

>> kaylan volunteers to help the homeless. she once shaved off all her hair for a cancer drive. sounds like she probably is a role model for some people. >> yeah. she absolutely -- she is. yeah. >> now, the young girl who tried so hard to save another will get help herself. kaylan is starting grief counseling this week. for "cbs this morning," john blackstone, aurora, colorado. >> what an amazing story. i'm always struck by the fact that in these kinds of moments, there are people that step forward and show remarkable courage that they didn't even know necessarily was within them. >> and april 13-year-old here trying to save the life of a 6-year-old performing cpr.

what an incredible girl this girl kaylan is. john blackstone told the story that there were people pulling for one another inside that movie theater. >> true stories of heroism. >> exactly. coming up, the man in charge of how $700 billion in financial bailout money says the money the treasury department spent was not the way he would have done it. they ignored his warnings about mortgage fraud. we're about to meet the former inspector general of the tarp program and hear some of the harsh things he has to say about treasury secretary tim geithner. >> tomorrow, we'll get geithner's reaction from the book. also that more conversation with the secretary about the economy and the economic recovery. you're watching "cbs this morning." ♪ watch out, wishful thinking

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protests against a deadly police shooting in anaheim, california, turned violent after saturday's shooting, residents confronted police and some threw rocks and bottles. police fired back with bean bags and pepper balls from shotguns. while a police dog grabbed a man as officers tried to control it. for 16 long months, neil barofsky was the man in charge of policing the $700 billion financial bailout program. it was known as tarp. he has written a behind the scenes look at how he says the funds were hiz handled. it's called an insight account of how washington abandoned main street and rescuing wall street. it's published by simon and schuster, a division of cbs. neil barofsky joins us now. >> thank you. >> tell us exactly and precisely what you're saying in this book about the bailout? >> when i got to washington, charlie, you saw washington had been hijacked by the interests of a small group of powerful

wall street banks. they captured regulators' ideolo ideology. what happened and what i saw with tarp is that it went from a program that was supposed to help main street, reinvigorate the economy, help struggling homeowners. it only served the financial elites on wall street. >> my intention is that tarp was intended to stop a gigantic financial collapse of of the system. if they didn't do that and put confidence back, it would fall down. >> it was suppose today do that. throwing $300 billion at banks and trillions of dollars of other support just to preserve what is essentially a broken status quo that benefits really the financial executives, the institutions a little more, wouldn't be that impressive. that's why congress insisted and treasury promised more. they promised that the banks would take this money and use it to deploy into the economy and bring back economic growth which

hasn't happened because of the way it was mismanaged. tarp doesn't get passed but for the promise of helping struggling homeowners. not going to pass the bill without that promise. that promise was abandoned. the reason why is, again, the interests of the bank were put first. secretary geithner when we were confronting him about this in 2009, gave us a good indication why. he said that the housing program, this thing that was supposed to be a $50 billion program to help 4 million people stay in their homes, it was for the banks as anything else. >> norah will come in here, but you went to washington in 2008 after the obama administration -- >> no before. i was a bush appointee. i crossed two administrations. i will tell you, charlie, it's not democrat or republican, it's across political pair yers. it's a major problem for this country. >> i know you're critical how tarp was managed. but you do acknowledge it helped to stabilize the economy. the auto companies are back.

detroit did not go bankrupt. in fact, now chrysler is thriving. so what's your beef? i mean, there are many economists say it saved 8 million jobs. most of it has been recovered. the taxpayer money, about $700 billion, 83% has been recovered. >> again, these are good things. i'm not taking away. i was one of the first people outside the bubble to credit tarp with having done that. you can't look at a program just at that narrowly. this program was supposed to do a lot more for the american people. it wasn't an accident. this wasn't happenstance. these were a series of choices. the choices with not to deploy tarp fund to help main street and to help homeowners and as they were supposed to do and how they promised to do. the housing program was supposed to spend $50 billion. today it's around 3. that means that this treasury department chose to spend more money to bailout american express, a credit card company, than it did to deal with a foreclosure crisis that's holding our economy back still

today. >> isn't that a reason because most people don't know about what funds are available to help them. as you point out $50 billion but only $3 billion has been spent. >> it's partly that. but horrific mismanagement of the program and about what the programs really were. we had strong indication, there was a lot more about helping the banks stretch out the foreclosure crisis than actually helping people. >> someone at home watching this, whose mortgage is underwater, what could the federal have done that they failed to do? >> we could have had a broader program including principal reduction. you have to remember when you hear officials that sort of complain about the fact that they don't -- that congress is stopping them, hundreds of billions of tarp dollars were left on the table and not spent to help homeowners. >> are you arguing that they should have gotten more money appropriated for the tarp program and done more or simply done more with the money they had? >> they should have done more with the money they had. they had $250 billion that they could have spent on homeowners and they spent 3. >> specifically, what are you

saying about secretary geithner who was formerly head of the new york fed? what is it that you believe he did wrong? >> among other things, he presided over, made the policy choices to put the banks before homeowners. he oversaw a policy that saw our largest banks, the too big to fail institutions get bigger than ever and more powerful, more politically connected. >> that's dodd/frank, does it not that was passed by the congress rather than what the treasury did? >> first of all, he helped oversee making the bigger banks even bigger in the beginning of the crisis. then, as dodd/frank was going through and there were bipartisan efforts to potentially break up the banks, to try to break free their vice-like grip on our economy, again so we can have economic recovery and tim geithner and treasury administration led the crusade to fight that bill. to keep it from happening. you know, where we are in the economy today is partly the responsibility of secretary geithner and the bad policy

choices he has made. >> the cause of foreclosure crisis has not been solved and the housing industry has not come back. >> potentially ten more -- 10 million more people may face foreclosure in this country. these were avoidable problems and we're paying for it every single day in this stagnant recovery. >> neil barofsky, thanks. the book goes on sale tomorrow. we'll bring geithner's response tomorrow as well as his opinions about economic recovery, the european debt crisis and much more. that's tomorrow on "cbs this morning."

the colorado shooting has renewed the debate over gun control. we'll talk with major garrett about how the issue will play on the campaign trail. that's ahead this morning. [ cellphone rings ]

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>> we begin in san jose where police are on the scene of a double homicide your seventh and washington streets. a man and woman were found shot to death inside a home. police are still searching for the suspect. this makes the 21st and 22nd on the sides of the year in san jose. president obama will be holding three fund-raisers in the east bay including a round table with technology leaders, a private dinner and a public reception at the fox theater

downtown oakland. watch out for the traffic and parking restrictions.

>> it seems like things have quieted down at the bay bridge toll plaza. the meter lights are still on but no major delays into san francisco. this accident is still blocking lands in traffic is really backed up in the area as you work. >> here is a live look through pleasanton. obviously some low clouds out the door but we're starting to warm up a bit. look at the numbers, concord and livermore are starting to see low 60s. 56 in san francisco. by this afternoon we warm up to

60s around the coast and low 90s in the valleys. a cooling trend continues throughout the week. throughout the week. ,,,,,,

it is 8:00. welcome back to "cbs this morning." i'm gayle king in los angeles. erica hill is on assignment today. first, let's go back to new york where charlie rose and norah o'donnell have the latest on the colorado shooting. hello. >> hello o, good morning. james eagan holmes, a suspect in the movie theater shooting, makes his first appearance in court this morning. >> now, a motive for the shooting that killed 12 people friday remains unclear. but jeff glor is in aurora where there is still a lot of police activity at the scene of the shooting. good morning again, jeff. >> reporter: norah, good morning once again to you. as all that plays out, we watched a vigil here take place

just across the street last night. it was pretty extraordinary to see all of these people stream in. it took place in a park just a short ways away from here. theargest gathering we've seen yet, even though there have been some smaller gatherings throughout the weekend. people leaving flowers and messages. all personal effects have now been removed from the theater here in aurora, although some cars remain in the parking lot, presumably those who were badly hurt or died early friday morning. police hope to finish processing this scene today. if that happens, it's possible the defense team would then have access to this theater tomorrow. and then it's possible that theater would be turned back over to the owners and mightnew investigation. good morning, john. >> good morning. >> where are we as we move forward. the suspect will be in court

represented by a public defender. >> i think what we're going to see going forward is, there's a little tv reading here. but you have a prosecutor with a history there and you've got a case that is clearly a capital crime. i think what we'll start to see in this hearing and particularly the next hearing, in this hearing, they'll tell him he's a suspect in a murder and the next hearing you'll unif you recall the charges. you'll see that this is going to be a capital case, which is going to immensely complicate it. but it will get him the best defense lawyers available. then we'll see an argument start that will go -- it will be the theme through the case, which is does he have diminished mental capacity. is he insane? ke assist in his own defense? was he responsible for his actions? the theme running through that will be the police and the prosecutors demonstrating from everything we've seen how extraordinarily intelligent he was and how capable he was in executing this.

so the idea that he could be so extraordinarily capable and detailed, yet not know the difference between right and wrong will be the crux of this argument. >> the aurora police chief, dan oates spoke with you and bob schieffer on face the nation. what did he say about motive and what do police think about a potential motive? >> when i talked to dan oates and said, what happened in there as may goes to june that might have been the stressor that pushed hip over? >> when he dropped out of school. >> dropped out of school, starting ordering the guns. he said there was a relationship that ended that could have been a factor there. he didn't say what kind of relationship. so we've been digging around that certainly before that interview. what we've been told is investigators understand that there is a girlfriend. this is somebody they've either talked to or need to talk to. but they still haven't assessed whether that was a factor or how much. >> was he a loner. was he looking for love on the internet? >> he certainly was. that adult friend finder posting

that we see with the bright red hair, they have gone through that and they found that that actually was his posting. he did open it up. that is his picture. now, ironically, since then they found 20 others that had been created by people who are not him. a different kind of joker who are posing as him on the internet. some of them are actually talking to people. you know, police have cautioned us, don't believe everything you see on the web. >> john miller, thank you. as we reported earlier, president obama was in aurora sunday meeting with survivors of the massacre. and relatives of those killed. both he and mitt romney took the weekend off from campaigning. also suspended some of their political advertising in colorado. but neither one has touched the political hot potato of gun control. it was left to new york city mayor michael bloomberg on face the nation to challenge both candidates to clarify their positions. >> this really is an enormous problem for the country and it's up to these two presidential candidates, they want to lead

this country. and they've said things before that they're in favor of banning things like assault weapons. where are they now and why don't they stand up and if they want our votes, they better. >> senator john mccain said sunday that stricter gun control laws do not prevent violence. >> i think we need to look at everything. if everything should be looked at, but to think that somehow gun control is or increased gun control is the answer, in my view, that would have to be proved. >> major garrett white house correspondent for national journal. good morning. >> good morning, charlie. good morning, norah. >> looking at this issue of gun control, we always have a huge heated discussion, then nothing changes. >> charlie, i would say we haven't had a huge heated discussion in washington in a very long time. i got to washington in 1990. that debate raged off and on until 1994. crime bill was passed. republicans take over congress in '94 election. for the next 12 years, you heard

virtually nothing in washington about gun control. republicans opposed it. democrats felt burned by the issue politically. al gore toyed with it a little bit. lost to president bush. since then, democrats have shied away from this issue at the federal level. at the state level, what has happened? 49 states have concealed carry weapons permits law. meaning you can, if you're registered, you can carry a concealed weapon in 49 states. what is president obama doing on gun control? he signed a credit card bill that allowed also to consumer protections. in there was an amendment allowing concealed carry in every national park and wildlife refuge. president obama expand theed the use of conceal carry on federal property. that's what's happened recently in washington. there hasn't been a raging debate at the federal level. anything, pressure from the nra and gun rights groups to have a access. >> that's the most interesting thing about the gun control discussion is that barack obama

has disappointed gun control advocat advocates. as you point out, he's expanded gun rights and the reason is political. it's not just that the nra is one of the most, if not the most powerful lobby in washington. but guess where a lot of gun owners reside? in swing states. >> that's right. >> al gore talking about gun control in 2000 might have cost him florida. >> democrats have internalized that issue ever since. at the state level, as the issue played out and there's been an expansion of gun rights, it came up in the trayvon martin case in florida, part of this is stand your ground laws, castle laws, you can protect it, it extends to your car. all of these things are at the state level. expanding access for legal citizens to carry weapons and obtain them and get ammunition. >> debate, i meant the raging debate always takes place in the media after something like this happens. >> after something like that. what i found characteristic and interesting about the debate, it's not going to be advanced.

i talked to democrats and republicans at senior levels in congress over the weekend, they said it's not going to happen. lautenberg, he will probably put something out there an amendment, not sure if it gets to the senate floor. it will die a quick and painless political death if it does. >> here's what's interesting. mitt romney in some ways has been more for gun control than barack obama when he was governor of massachusetts. he signed, as governor, a law to ban assault weapons and he only just recently joined the nra. do gun owners trust mitt romney? >> probably. in relationship to president obama because of this swift unification of the republican party behind romney, it's not going to be an issue. that he has to pass a litmus test. >> we saw both sides abandon or spend the campaign. >> in colorado. >> in colorado. >> but this does give the president an opportunity to be what presidents get to do. to be the nation's healer.

and you saw that with the president's trip. >> yes. i thought the president understood that this moment was not going to be one where his rhetorical skills were going to really cover the national trauma. so what he did was found the most res nat stories of these individuals called upon in the most horrifying of circumstances to help their fellow man, either friends or strangers and used those to be part of a larger american story. i thought the president's remarks were by his standards, subtle and less overt about him and his story and much more about america and its story told through the eyes and actions of individuals on the scene. >> as he said i come here as a father and a husband. major garrett, always one of my favorite people to talk to and

. the real life horror that struck as people watched a fantasy movie left warner brothers with some decisions to make. we'll show you how the movie studio behind batman is walking a fine line between compassion and commerce. you're watching "cbs this morning." we'll be right back. hey parents, it's a big year. i'm not just teaching music.

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welcome back to los angeles. we usually get the weekend box office numbers from the movie studios late sunday night. but warner brothers is holding off on the dark knight numbers until this morning. ben tracy is here with us in the studio on how they're handling the situation over at warner

brothers. it is a very dicey time for them. >> for sure. it was an unprecedented sign of solidarity in hollywood had this weekend. none of the studios released box office numbers on sunday. for warner brothers, this was part of walking a fine line between responding to this very human tragedy and managing what could be a major blow to its business. >> "the dark knight rises" was the most anticipated movie of the year. and the most important for warner brothers' bottom line. it was expected to top $180 million this weekend. but estimates leaked to the media peg the box office take closer to $160 million. that's still the third biggest opening weekend of all-time. >> the instantaneous knee jerk reaction when news broke of this, is nobody is going to go to a movie theater because they're going to be afraid. that's not happening. americans are very resilient. they know this was an isolated

incident. >> yet at a theater in san diego, seeing batman was not escapism. it was different in the simple fact that i wasn't just engulfed in the movie. i was also thinking about my surroundings. what might happen. >> after the shooting in aurora, warner brothers canceled international premieres in paris, mexico and tokyo. the studio pulled the film's most violent tv ads and lowered the flag on the burbank lot. the actors expressed their shock and sadness while the film's director, christopher nolan, put out a statement saying "the movie theater is my home and the idea that somebody would violate that innocent and hopeful place in an unbearably savage way is devastating to me." >> there's a discussion side at the organization, how far should we go. >> michael sitrick is an expert in cry communication. >> what did they do right? >> i think they acted quickly, the statements they gave struck

the right tone. there's a reaction and overreaction, right? you have to have a balance. it is a business. >> i think they've handled it very well. >> there's a lot at stake. batman is one of warner brothers' three biggest franchises much the batman, harry potter and lord of the rings films have made the studio $12 billion in the past decade. batman can be endlessly rebooted unless it's tainted by this tragedy. >> what we want to see over the long-term is how the film will do after the news of this kind of quiets down a little bit. certainly this movie is on the minds of everyone around the world right now. so that's a very high-profile place to be. >> now, many of the tickets for showings this past weekend were actually bought days ahead of time before the shooting. so the question now, is whether the ticket sales remain strong or if they drop off. >> that remains to be seen. i thought the man you talked to raised a good point. for the first time he was looking at his surroundings. it does change the experience of going to the movies, i think.

>> for sure. other people were conscious about what seat they chose to sit in, in the theater. if you're going in the theater, a place to escape the rest of your life and be entertained, if those are the things you're thinking about, it's changed the experience of watching a movie. >> do you know if warner brothers ever thought maybe not to cancel but to maybe delay the movie for a second? >> it's hard to know what necessity talked about. i mean, you assume they went through all the various options. but this movie cost $250 million to make. they've spent $150 million to market it. there's so much money on the line. i think at some point pulling it out of the theaters or delaying it, probably wouldn't realistic. >> i hear reports of them toning down the violence of what they're showing. >> they're looking at future movies saying what's appropriate, what do we have to take out. >> ben tracy, nice to see you in los angeles. we'll be returning to aurora, colorado, where some of the survivors the mass shooting are sharing their stories for the very first time. we'll hear from them ahead on "cbs this morning." ♪ watch out, wishful thinking

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they rule over a playground for the rich and famous. tomorrow only on "cbs this morning," an interview with prince albert and prin shes charlene of monaco. they'll talk about their work with olympic athletes and one year after their fairytale wedding, which has been the subject of much rumor and speculation. >> just celebrated your first anniversary. may i ask, how is married life? >> i think it's wonderful. i can't speak for charlene. but she will be able to answer you. we're having a wonderful ti in los

angeles right after the break. your local news is coming right up. ,,,,,,,,,,,,,,

>> in just about five minutes from now the man accused of gunning down and killing 12 people in a colorado theater is due for his first court appearance. police say that james holmes is not cooperating with investigators and it could be months before we learn the true reasons behind the shooting. president obama attended the vigil for the shooting victims late yesterday but he is now in the bay area after spending the night in san francisco, he will be heading to reno and coming back to the bay area for a trio of fund-raisers in the east bay

beginning with a meeting with technology industry leaders. this morning, 60 people in san jose are searching for a place to live after a four alarm fire burned bare apartment complex last night. 20 units were damaged in all. we still do not know the cause of the fire. traffic and weather are coming up.

>> we start out with a mass transit delays, the end judah inbound is behind schedule due to problems on the track. art is right on crime as well as 8 and the ferries. slow and go as you work your way northbound 880. another accident south 280 and avalon, traffic is backed up. >> we have more clearing skies across the bay area, you can see the golden gate bridge in the distance. 64 in concord, 63 in livermore. by this afternoon we warm up, '70s around the bay. 79 in redwood city. low 90s in some of the interior spots. it looks like slightly cooler temperatures

this is cbs news special report. good morning. we're about to get our first live look at the suspect in the worst mass shooting in u.s. history. james eagan holmes, 24 years old is making his first court appearance since the friday morning massacre at the movie theater in aurora, colorado. we expect judge william sylvester will advise holmes he is being investigated on suspicion of first-degree murder. prosecutors will then have 72 hours to file charges against him. the hearing is being held at the county courthouse in colorado, about 13 miles from the meter theater. holmes is being held without bail at the detention center near the courthouse. of the 55 people who were shot on friday morning, 12 are dead, 9 remain in critical condition. there was a memorial service in

aurora sunday evening for the victims. governor john hickenlooper read each of their names and the crowd vowed they would never forget. earlier in the evening, president obama visited aurora consoling families of the victims. this is the live picture inside the courthouse. and that is james eagan holmes, and we will now listen in to the court proceedings. >> good morning. >> good morning, your honor. daniel king -- colorado state public defender's office. >> thank you. good morning. >> good morning. mr. holmes, this matter comes on what we call an initial advisement. could you please step back? you have the right to remain silent. if you make any statement, it can be used against you. you have a right to be represented by an attorney.

if you could not afford one on the guidelines, i will appoint one to represent you at no cost to yourself. your plea must be voluntary, not the result of anyone's doing, no coercion. typically you have a right to be advised of the charges. you have a right to be advised of the charges, the preliminary determination of probable cause to believe you committed the offense of first-degree murder, which is a class one felony under colorado law. ordinary individuals are entitled to bail, given the nature of the charges you are currently being held on a no bond hold. you also have the opportunity to a trial and preliminary hearing to determine whether there was probable cause to believe you're the person that committed the offense. mr. holmes, do you have any questions about that initial advisement? >> we've advised mr. holmes and further advisements. >> thank you, mr. king.

>> pursuant with 1811001, we are to enter mandatory protection order. the violation of the protection order can constitute a new criminal defense and or contempt of court. it is the order of the court you shall not harass, intimidate, retaliate against or tamper with any witness or victim of the acts you were charged with committing, shall vacate the home of the victim, stay away from the home of the victims, and stay away from any location the victims are likely to be found. you shall be free from contacting directly or indirectly communicating with the victims. you shall not possess or control a firearm or any other weapon. you shall not possess alcoholic beverages or substances. you will not commit any new offenses. would you approach, please?

i've just signed a protection order. if you would take a copy, and we'll proceed on the record. >> we ask the 72 hours -- required the necessary delay. we would be requesting until next monday, july 30th. >> mr. king? >> judge, we do not object to that. if i may approach, however, i do have an application if i could get your signature. >> you may. >> your honor, at that time we will also file an amendment to the protection order. >> the court has signed the application to appoint the public defender, public defender

is appointed. we'll set the matter for formal filing of charges this monday, july 30th. 9:30 in this division. given the nature of the charges, the pleadings, i'm entering an initial case management order. counsel receive the copy of that order yet? >> yes, your honor. >> thank you, did you receive a copy? thank you. we'll make sure you get a copy. essentially what that's going to do in order to track the pleadings, all people's filings will be tapped in with the sequential number thereafter, defense will be a "d" with a sequential number thereafter, and i'll identify my filings or orders with a "c."

we've had some filings already, i've captioned c-2 does list the orders and motions filed thus far. what i'd like to do is recap them, make sure i'm not missing anything. so far we've got c-1, which is the emc, the decorum order i've issued. we've got the p-1, which is the motion to seal the search warrant affidavit and case file which was filed by the people. i did grant that. we've got outstanding, d-1, which is a motion for access to and preservation of the crime scene which relates to access by the defense and their experts to the movie theater. we'll address that in a moment. we've got d-2, a motion to limit the pretrial publicity. along with that motion, i did receive a proposed order, however, i'm inclined to go ahead and just track rule 3.6 and 3.8 of the rules professional conduct.

ms. pearson, the -- >> thank you. court will be issuing the order granting the pretrial publicity. we'll make sure counsel gets a copy. >> -- the professional advisory -- >> the defense -- >> this is a live picture of james holmes listening to a judge speaking in his first

court appearance. we're losing the audio from time to time because of problems with transmission. but we're going to stay with the hearing until it ends. we expect it to be wrapped up very shortly. but from time to time, we're losing the audio. >> i've not been -- the request for expanded media coverage at this time. [ no audio ] >> judge, we're going to stand on our motion to object to that. >> can we do that forthwith upon the receipt of the motion? do you have any objection to that? >> that would be appropriate and

appreciated, your honor. >> thank you. do you have any objections to that proceeding? we do have the motion for access to the crime scene. a position on that? >> -- later this week. yet with some of the things that have to be done. >> are you in a position to give them reasonable access with 24 hours notice? >> yes. >> all right. court will issue an order concerning that. anything further on that issue? >> one thing -- we're requesting

to be allowed accesaccess. >> did i misread your motion? because it only named the movie theater. >> we are asking and i will admit the -- >> your honor, i assume they also want the apartment held and we will make that available. >> thank you. >> -- the people -- >> again, this is the first court appearance of james holmes, the 24-year-old who is accused in the worst mass shooting in u.s. history. the shooting that occurred in aurora, colorado, early friday morning at the premiere of the latest batman movie. he has been listening to a lot of essential procedure here in which the court is straightening out a lot of the rules going forward. he was informed in this court proceeding that he is under investigation in connection with

charges of first-degree murder. we also heard the prosecutor say that she would like a little more time than the usual 72 hours in order to file charges and the judge granted the prosecutor's motion. we're having a little trouble with technically with this transmission, as you can see, the picture is freezing up from time to time and we're losing the audio from time to time. but we're going to stick with this initial court appearance of james holmes until it is over. and we expect that to be in just a very few minutes as the judge essentially deals with the number of legal housekeeping details speaking to the prosecutor and speaking to the public defender who has been appointed to defend holmes. holmes was listening at the beginning and when the judge said that he was under investigation for first-degree murder, he squeezed his eyes closed as if he'd been hit by a blow when the judge said the

words first-degree murder. as you can see, he is listless for lack of a better term. he looks very much like a man who realizes that in one way or another his life has come to an end. i am joined here in new york by john miller, our special correspondent who has been following the investigation. john, what's the very latest as we watch the court hearing continue? >> you know, the big missing piece here, of course, from the beginning has been motive. police sources who say while holmes was cooperative with them on practical matters after his arrest, he never gave any details as to why he did this. yesterday, the big step in the investigation was getting that computer. and looking at that hard drive. and they're hoping they may get a clue as to what this was all about, at least in his mind from that search. >> john, looks like the court

hearing is ending. and james holmes has been led out of the courtroom. this was just a -- first appearance in which by law he had to be informed of the charges or rather not the charges but by law informed of what he is being investigated for. ordinarily the charges would be filed 72 hours from now, but the prosecutor asked for more time and the judge granted that. we also have jeff glor just outside the courtroom. i understand there were people in the courtroom in the audience there who were victims of the shooting on friday. >> reporter: that's right, scott, as you can imagine much of the focus of what happened here is moved from the theater to the courthouse here. and yes, there were some family members or victims who came there to see james holmes in person for this very brief appearance that is now wrapping up. holmes is being held in a building not far away from where

this court appearance took place. actually, part of the same complex. and as you know, he's being held in solitary confinement, which is typical in cases like this. that's for his own safety. that is where he'll be taken back now as he awaits his next court appearance. >> and jeff, what happens in terms of the legal procedure going forward? >> well, the question now is he's going to have to meet with his attorneys. you know he has a public defender right now who is representing him. he'll have a team of public defenders. it is believed those public defenders may have access to that theater tomorrow. so they can investigate and see whatever they want there. police are hoping to finish their collection at the theater today and then potentially the theater would be reopened on wednesday, but holmes as you know has a long process in front of him. just from seeing some of the images i've seen already. he appeared a little bit dazed

there in court as he realizes the full situation he's in. >> jeff, thank you very much. we were one of the things you noticed about him, of course, was that orange hair. he'd had his hair dyed, we were told on friday by investigators that he had his hair dyed as if to look like one of the batman characters, the joker, the anarchist in so many of the batman films. and we saw that on holmes today. and, john, i wonder the investigation moving forward, what happens now? >> a lot of things happen. you've got the fbi's c.a.r.t. team, the computer analysis response team mirroring the hard drive on his computer so they have a copy to work with and trying to exploit what they can learn from there. you've got a separate effort, which is going to --

>> they're going to want that data too. e-mails, documents, things that are stored somewhere else. you've got things you'd never think of, postal inspectors have fanned out around the house and dumped all the mailboxes to determine if, for instance, like the virginia tech shooter he had sent a videotape or a communique or perhaps another explosive device looking for any mail that might be coming from him over a wide area. atf tracing the guns and the explosive section with the lab going over the explosives they found in the apartment. they're looking at the pictures they took and the samples they kept. >> so there will be a meticulous assembling of all of the evidence. but really, there's only one mystery here. and that's why unearth anyone would do such a thing. >> and that is the mystery. talk to chief of police dan oats

sunday morning and said, you know, can you put a marker on what that last stressor was that caused him to suddenly start ordering this equipment and guns. and he said something fairly cryptic, which is, we have heard a morsel that may or may not be true -- his words -- about a relationship that may have ended. but we're delving deeper into that. sources have told me the possibility of a breakup with a girlfriend. in these cases, that wouldn't be atypical, but it wouldn't be the sole driver. usually it's problems at work, problems at school, problems with a relationship build up. but they don't have full visibility on that yet. >> he was a gifted student going to school on a federal grant in neuroscience, a grant very hard to get, a very gifted student who dropped out of school just last month. >> nih grant, national institute for health in bethesda, this is a $21,000 grant that comes in

month monthly installments. and the detective that interviewed teaching physicians, but taught by a number of doctors, one of his teaching physicians told the investigators over the weekend this was a brilliant student, which of course, doesn't comport with the withdrawal from the ph.d. program. but that might have been to devote his full time to developing this deadly plot. >> john, thank you very much. so as we look one more time at the courthouse video that was shot a little bit earlier of james holmes, 24 years old, has been advised that he is under investigation for first-degree murder in the worst mass shooting in u.s. history. the judge has advised holmes of his rights, ordered him held without bond and has given the prosecution until next monday to file formal charges in this massacre in aurora, colorado. there will be much more about

the aurora shootings on this cbs news station, on our website, cbsnews.com, and of course, right here on the cbs evening news. until later, cbs news in new york. expanding, auditioning new members in new york, florida and texas. >> i have a very specific vision. so i just won't stop until i think it looks really great. >> you are an inspiration. >> the ladies may move like mythical mermaids, but they all have day jobs. mary jeanette just finished law school. >> swimming at night and studying by day. >> now she's studying for the bar exam while keeping her skills sharp. >> we all have to train in competitive and keep our skills like treading water, kicking, being able to support ourselves in the water to be able to do this. >> and smile? >> and smile. that's the most important thing.

>> wearing pink lipstick and a smile, the aqua lilies are driving into the very pool where esther williams trained. times may change, but bathe i beauties will always be in style. for "cbs this morning," bill whitak whitaker, beverly hills. >> they're looking good. we'll be right back. you're watching "cbs this morning." ,,,,,,,, ,,,,,,

you can watch for that starting 11:30 eastern, 9:30 central. we look forward to having you back in new york. hurry home. >> i will do that. i will do that. >> as we leave you this morning,

these images from the massacre in aurora. a moment in history we may never understand, but we'll never, never forget. ♪ >> veronica moser-sullivan, alexander teves, john larimer, we will honor you by celebrating life. we will honor you by living our lives a little better. we weep because we have hope that tomorrow it's going to be brighter. >> out of this darkness, a brighter day's going to come. ,,,,,,,,,,

>> a busy monday morning, just minutes o pergo, a 24 year-old man accused of killing 12 people and wounding dozens of others in a colorado movie theater made his first court appearance. a judge did announce that james holmes will be held without bail but he will not be formally charged until next monday. prosecutors say they're still considering the death penalty but they will be consulting with the victims' families first before they make that decision. san jose police are looking for a suspect in an early-morning double homicide. just after 230 officers

responded to reports of gunfire near seventh and washington streets where the bodies of a man and woman were found. . traffic and weather are coming up.

>> a couple of things still brewing on the roadways, an accident along 280 southbound and avalon, blocking multiple

lanes. slow year hickey boulevard due to a stalled vehicle. give yourself some time if you're traveling through daly city. an accident blocking the roadway and the chp is on the scene. another record reported northbound 880 and traffic is heating up as you work your way along 101 southbound due to a vehicle fired at highway 85. >> we are seeing a lot more clearing skies all across the bay area. temperatures are mainly in the fifties and low to even mid-60's now. 67 in concord. 67 in livermore. not quite as hot as what we saw over the weekend but still nice, low 90s and inland. 60s around the coast. a gradual cooling trend because of a sea breeze and it will be a

little bit warmer by saturday. ,,,, [ male announcer ] it would be easy for u.s. olympian meb keflezighi to deposit checks at the nearest citibank branch. ♪ like this one. ♪ or this one. ♪ or, maybe this one. ♪ but when it's this easy to use citibank mobile check deposit at home...why would he? ♪ woooo! [ male announcer ] citibank mobile check deposit.

easier banking. every step of the way. >> announcer: today...you've got questions. >> how you doing? >> rachael: how you doing? >> announcer: we've got answers. >> rachael: i'll have a cream puff, you take that one. >> i have a new line of cologne coming out, ode to hope. >> announcer: answering your most challenging questions. >> you will feel like the cream puff is ready to explode. you have bad minds. [cheers and applause] >> rachael: welcome, everybody, welcome. today we're going to have fun